Participation in Designation.
Participation may entail responding to surveys and requests for interviews with
DD Health Home staff and individuals served. Providers shall provide all
requested information as directed by the Division of DD. A provider must engage
in the designation process in good faith. The provider must provide information
and documentation that is accurate and complete. Failure to participate in good
faith, including falsification or fabrication of any information used to
determine compliance with requirements, may be grounds to deny issuance of or
to revoke designation.
1. The Division of DD
shall conduct a comprehensive survey at an organization for the purpose of
determining compliance with DD Health Home standards, standards of care,
program/service rules, and other requirements, except as stipulated in
paragraph (5)(A)3.
A. The Division of DD shall
provide advance notice and scheduling of routine, planned surveys.
B. The Division of DD shall notify the
applicant regarding survey date(s), procedures, and a copy of any survey
instrument that may be used. Survey procedures will include but are not limited
to interviews with provider staff, individuals being served, and other
interested parties; review of provider administrative records necessary to
verify compliance with requirements; and review of personnel records and
service documentation.
C. The
applicant agrees, by act of submitting a DD Health Home application, to allow
and assist Division of DD representatives in fully and freely conducting these
survey procedures, initially and ongoing, and to provide Division of DD
representatives reasonable and immediate access to premises, individuals, and
requested information.
D. The
surveyor(s) shall hold entrance and exit conferences with the organization to
discuss survey arrangements and survey findings, respectively. If there are any
deficiencies found during the survey, the provider will be required to submit a
plan of correction before designation can be approved.
E. If a plan of correction is not required,
the Division of DD shall issue DD Health Home designation to the provider's
director within thirty (30) calendar days after the exit conference, indicating
the DD Health Home provider can provide Health Home services.
F. Division of DD will identify and set
timelines for issues/enhancements to be addressed with the DD Health Home
provider. At the discretion of the Division of DD, a follow-up review will be
completed once issues have been addressed. If issues/enhancements have been
satisfactorily addressed, Division of DD will issue DD Health Home designation
to the provider.
(I) The report shall note all
deficiencies identified during the survey.
(II) The Division of DD shall send a notice
of deficiency and the report.
(III)
The DD Health Home provider shall make the report available to their staff and
to the public upon request.
(IV)
Within thirty (30) calendar days of the date that a notice of deficiency and
the report is presented to the DD Health Home provider, the provider shall
submit to the Division of DD a plan of correction. The plan must address each
deficiency, specifying the method of correction and the date the correction
shall be completed. The provider will work with the Division of DD to develop a
plan of correction. No correction date will exceed ninety (90) calendar
days.
(V) Within fifteen (15)
calendar days after receiving the plan of correction, the Division of DD shall
notify the DD Health Home provider of its decision to approve or require
revisions of the proposed plan.
(VI) The Division of DD will assure that the
plan of correction has been implemented and deficiencies corrected. Division of
DD shall determine if it is necessary to make a return visit to the DD Health
Home provider based on the criteria of the plan of correction.
(VII) In the event that the provider has not
submitted a plan of correction acceptable to Division of DD within forty-five
(45) calendar days of the original date that written notice of deficiencies was
presented by certified mail to the DD Health Home provider, it shall be subject
to expiration or denial of designation.
G. The Division of DD may grant designation
on a temporary, initial, conditional, deemed, or compliance status. The
Division of DD will notify the Division of DD Director of any change in the
status of a provider.
(I) Temporary status may
be granted to a DD Health Home provider if the designation process has not been
completed prior to the expiration of an existing designation and the applicant
is not at fault for failure or delay in completing the designation
process.
(II) Initial status for a
period of not exceeding one (1) year may be granted to a new provider based on
a designation review which finds the program in compliance with requirements
related to policy and procedure, facility, trainings and personnel to begin
providing services. The initial designation will be awarded for one (1) year
and a follow-up visit will occur prior to the initial designation expiration
date to ensure the DD Health Home provider is demonstrating continued
improvement and functionality.
(a) In the
Division of DD's initial determination and granting of initial designation, the
provider shall not be expected to fully comply with those standards which
reflect ongoing program activities.
(b) The Division of DD shall conduct a
comprehensive survey of the initially designated provider and shall make
further determination of the provider's designation status no later than the
expiration date of the initial designation.
(III) Conditional status may be granted to a
provider following a survey by the Division of DD that determines that there
are pervasive and/or significant deficiencies with standards that may affect
quality of care to individuals and there is reasonable expectation that the
provider can achieve compliance within a stipulated time period. The Division
of DD may consider patterns and trends of performance identified during the
survey.
(a) The period of conditional status
shall not exceed one hundred eighty (180) calendar days. The Division of DD may
directly monitor progress, may require the provider to submit progress reports,
or both.
(IV) The
Division of DD shall conduct a further survey within the one hundred eighty-
(180-) day period and make a further determination of the provider's compliance
with standards.
(V) Designation
status may be awarded to a provider for a period of two (2) years following a
survey by the Division of DD that determines the provider meets all standards
relating to quality of care and the safety, health, rights, and welfare of
individuals served.
H. If
deficiencies are cited during a survey, any and all such deficiencies must be
corrected in accordance with the plan of correction prior to the Division of DD
awarding designation status.
I. The
Division of DD may investigate any complaint regarding the operation of a
designated or deemed provider. If conditions are found that are not in
compliance with applicable requirements, the Division of DD may, at its sole
discretion for deemed providers, notify the accrediting body of any
concerns.
J. The Division of DD may
conduct a scheduled or unscheduled survey of a provider at any time to monitor
ongoing compliance with the standards and requirements. If any survey finds
conditions that are not in compliance with applicable standards, the Division
of DD may require corrective action steps and may change the provider's
designation status consistent with procedures set out in this rule.
K. The Division of DD may deny issuance of
and may revoke designation based on a determination that includes but is not
limited to-
(I) The nature of the deficiencies
results in substantial probability of or actual jeopardy to individuals being
served;
(II) Serious or repeated
incidents of abuse or neglect of individuals being served or violations of
rights have occurred;
(III)
Fraudulent fiscal practices have transpired or significant and repeated errors
in billings to the Division of DD have occurred;
(IV) Failure to participate in the
designation process in good faith, including falsification or fabrication of
any information used to determine compliance with requirements;
(V) The nature and extent of deficiencies
results in the failure to conform to the standards of the program being
offered; or
(VI) Compliance with
standards has not been attained by an organization upon expiration of
conditional designation.
L. An organization which has had designation
denied or revoked may meet with the Division of DD Director or designee to
appeal the decision to revoke designation.
(I)
The provider must notify the department's division director or designee in
writing within ten (10) business days of the date on the termination letter.
The appeal shall include the following-
(a)
The name of the provider;
(b) The
name and contact information of the person requesting the appeal;
(c) The reasons for appealing the decision;
and
(d) Any documentation that
supports the provider's position.
(II) The meeting shall take place within
seven (7) business days from the date of the request.
(III) Within seven (7) business days of the
meeting, the division director or designee shall make a final determination as
to whether the decision remains in effect. The provider shall be notified of
this decision by regular and certified mail.
(IV) The decision of the division director or
designee shall be the final decision of the department.
M. A designation is valid only as long as the
provider meets standards of care and other requirements.
N. The provider shall maintain the
designation issued by the Division of DD in a readily available
location.
O. Within seven (7)
business days of the time a designated provider organization is discontinued,
moved to a new location, or has a change in accreditation status, the provider
shall provide written notice to the Division of DD of any such
change.
P. The Division of DD shall
designate only the provider(s) named in the application.
Q. The provider(s) may not transfer
designation without the written approval of the department.
R. Within seven (7) calendar days of the
effective date that a designated provider is sold or undergoes a change of
ownership, the provider shall submit a written notice to the division of any
such change. A change in ownership is considered to have occurred under the
following circumstances:
(I) A new
corporation, partnership, limited partnership, limited liability company, or
other entity assumes ownership of the operation;
(II) An individual incorporates or forms a
partnership;
(III) With respect to
a designated provider that is a general partnership, a change occurs in the
majority interest of the partners;
(IV) With respect to a designated provider
that is a limited partnership, a change occurs in the majority interest of the
general or limited partners;
(V)
With respect to a designated provider that is a corporation, a change occurs in
the persons who own, hold, or have the power to vote the majority of any class
of stock issued by the corporation.
(VI) A designated provider's change of
Federal Employer Identification Number (FEIN).
S. The organization must comply with other
applicable requirements as set forth in
9 CSR
10-5.220 Privacy Rule of Health Insurance Portability
and Accountability Act of 1996 (HIPAA).